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Evans v. United States of America - Document No. 2
Evans v. United States of America - Document No. 2
Evans v. United States of America - Document No. 2
2
Case 2:06-cv-00525-RTR Filed 05/02/2006 Page 1 of 2 Document 2
Plaintiff,
ROY EVANS,
Movant.
In 1997, a jury found Roy Evans (“Evans”) guilty of various drug offenses for which
conviction. Evans subsequently sought relief pursuant to 28 U.S.C. § 2255. The first such
motion was denied on its merits, and the second § 2255 motion was dismissed for lack of
jurisdiction as a successive motion prohibited by statute. Evans then filed a motion pursuant
to 18 U.S.C. § 3582(c)(2), which the Court deemed an unauthorized successive attack on his
sentence. That motion too was dismissed for lack of subject matter jurisdiction.
Undeterred by the law and its requirements related to successive § 2255 motions,
Evans has filed yet another § 2255 motion, which was received by this Court on April 27,
2006. That motion is before the Court for screening pursuant to Rule 4 of the Rules
Governing Section 2255 Proceedings for the United States District Court. Similar to his two
Dockets.Justia.com
Case 2:06-cv-00525-RTR Filed 05/02/2006 Page 2 of 2 Document 2
previous motions, Evans’s current motion will not survive Rule 4 analysis because it is an
Evans v. United States, No. 05-C-416, slip op. at 2 (E.D. Wis. Apr. 11, 2005).
ORDERED THAT:
BY THE COURT
s/ Rudolph T. Randa
Hon. Rudolph T. Randa
Chief Judge